Section 16-108. Violations, civil liability

1. Any person who issues a
  certification that a product listed in subdivision one of section 16-104
  of  this  article  complies  with  the   energy   efficiency   standards
  established  by  this article, knowing that such product does not comply
  with those standards, shall be liable for a civil penalty  of  not  more
  than  ten  thousand  dollars  for  each  such  product  certified and an
  additional penalty of not more than ten thousand dollars  for  each  day
  during which such violation continues.
    2.  Any  person  who  violates  the  provisions  of subdivision two of
  section 16-104 of this article or who fails to perform any duty  imposed
  by  this  article,  or  who  violates  or fails to comply with any rule,
  regulation, determination or order of the secretary of state promulgated
  pursuant to this article, shall be liable for a  civil  penalty  of  not
  more than five hundred dollars for each such violation and an additional
  civil  penalty  of not more than one hundred dollars for each day during
  which such violation continues, and, in addition  thereto,  such  person
  may be enjoined from continuing such violation.
    3.  The  secretary may cause an investigation to be made of complaints
  received concerning violations of this article and may refer the results
  of such investigations to the attorney  general.  The  attorney  general
  shall,  at  the request of the secretary, or may, on his own initiative,
  institute proceedings to enforce the provisions of this article.
    4. An action or cause of action for the recovery of  a  penalty  under
  this  section  may be settled or compromised in an amount to be approved
  by the secretary either before  or  after  proceedings  are  brought  to
  recover such penalties and prior to the entry for judgment therefor.